RHODE ISLAND -- On Sunday, July 4, 2010, at approximately 9:00pm, a Brian Cunha & Associates client, a 32 year-old male, was a guest attending a pool party at a private home in Smithfield, Rhode Island. This Fourth of July party was taking place around the homeowner's in-ground swimming pool in his backyard. The client noticed there were two large dogs allowed to wander unrestricted around the pool all day.
During the party, our client watched the homeowner throw various party guests into the swimming pool. Just after throwing a female guest into the pool, as the homeowner was standing next to the edge of the pool, our client pushed him into the water. When he did so, the homeowner's large Bull Mastiff dog, ran up to our client and bit him hard above his left ankle causing a flap laceration of his lower left calf. Our client jumped into the swimming pool to get away from the dog.
That evening another guest at the party drove him to the emergency room at Rhode Island Hospital where his wounds were cleaned and bandaged and he was given a tetanus shot. Despite this treatment, the wound became infected. During a follow up visit with his regular physician, he was instructed by his doctor to go to Fatima Hospital to be admitted for treatment of cellulitis. The client was left with a scar on the back of his lower left leg.
Rhode Island General Laws 4-13-16 entitled, ACTION FOR DAMAGES TO ANIMALS makes the owner of any dog who injures or kills another domestic animal or person while traveling on the street or out of the enclosure of the owner or keeper of the dog, strictly liable for any damages caused by their dog. If afterwards that same dog bites another person, the dog owner or keeper is liable to the injured person for twice their actual damages.
(WBTV - Jan 5, 2012)
